Homeland Security

Further Reading

104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-480
_______________________________________________________________________
PROVIDING FOR CONSIDERATION OF
H.R. 2703, THE EFFECTIVE DEATH PENALTY AND PUBLIC SAFETY ACT OF 1996
_______
March 12, 1996.--Referred to the House Calendar and ordered to be
printed
_______________________________________________________________________
Ms. Pryce, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 380]
The Committee on Rules, having had under consideration
House Resolution 380, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
Brief Summary of Provisions of Resolution
The resolution provides for consideration of H.R. 2703, the
``Effective Death Penalty and Public Safety Act of 1996'' under
a modified closed rule. The rule provides one hour of general
debate divided equally between the chairman and ranking
minority member of the Committee on the Judiciary. The rule
provides for consideration of only those amendments printed in
the Rules Committee report, which shall be considered only in
the order printed in the report, may be offered only by a
Member designated in the report, shall be considered as read,
shall be debatable for the time specified in the report equally
divided between the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for
a division of the question in the House or in the Committee of
the Whole. The rule also waives all points of order against the
amendments printed in the report.
The rule allows the Chairman of the Committee of the Whole
to postpone votes during consideration of the bill, and allows
the Chairman of the Committee of the Whole to reduce votes to
five minutes on a postponed question if the vote follows a
fifteen minute vote.
The rule provides for one motion to recommit, with or
without instructions.
The rule provides that it shall be in order at any time for
the Judiciary Committee Chairman or a designee to offer
amendments en bloc consisting of amendments not previously
disposed of which are printed in the Rules Committee report or
germane modifications thereof. The rule provides that
amendments offered en bloc shall be considered as read (except
that modifications shall be reported), and shall be debatable
for 20 minutes equally divided between the chairman and ranking
minority member of the Judiciary Committee or their designee.
The rule permits the original proponent of an amendment
included in an en bloc amendment to insert a statement in the
Congressional Record immediately prior to the disposition of
the amendments en bloc.
The rule provides that after passage of H.R. 2703, it shall
be in order to take S. 735 from the Speaker's table and
consider it in the House. The rule allows for a motion to
strike all after the enacting clause of the Senate bill and
insert the text of H.R. 2703 as passed by the House. The rule
provides further that it shall be in order to move that the
House insist on its amendments to S. 735 and request a
conference.
Summary of Amendments Made in Order for H.R. 2703 the Effective Death
Penalty and Public Safety Act of 1996
(listed in the order they appear in this report)
1. Hyde: Revised--Manager's Amendment. Strikes ``Disclosure
of Certain Consumer Reports to the FBI'' and ``Disclosure of
Business Records held by Third Parties in Foreign
Counterintelligence Cases' sections. Modifies language allowing
lawsuits by U.S. citizens against terrorist states to only
require pre-trial arbitration if the terrorist act occurred
within the boundaries of the country being sued, and adds a 10
year statute of limitations for such suits. Provides for closed
circuit televised court proceedings to allow victims to watch a
criminal trial that is moved out of state and a significant
distance from where it would have taken place. Adds new section
giving the FBI authority to conduct law enforcement training
and instruction to foreign law enforcement officers. Strikes
section 310 relating to the Attorney Generals reward authority.
Strikes section 670 which allocated FY1995 funds for the
Department of Justice. (20 minutes)
2. Barr: Revised--Modifies study of ammunition capable of
penetrating police body armor; deletes disclosure of certain
records to the FBI; deletes section allowing wiretapping
evidence obtained in ``good faith; deletes provision
streamlining removal of alien terrorists; deletes section
authorizing the Executive Branch to ``brand'' organizations as
terrorist; deletes the ``should have known'' standard and the
``reasonable cause to believe'' test; and adds language stating
that black and smokeless powder will not be studied in the
``tagging'' of explosive materials study; deletes section 307
which provides the FBI with access to individuals' telephone
billing record without a court order. (1 hour)
3. Hastings (FL): Adds certain listed acts to imprisonment
list for those who provide material support for terrorist acts.
(10 minutes)
4. DeLauro: Directs the Sentencing Commission to enhance
penalties for individuals convicted of crimes involving laser
sighting devices. (10 minutes)
5. Burton: Revised--Strikes section 305, that would expand
the use of oral and wire communications as evidence in federal
criminal prosecutions. (20 minutes)
6. Berman: Modifies the initial screening standard used by
the immigration officer under the expedited exclusion procedure
to determine whether or not an applicant for asylum at a port-
of-entry has a credible fear of persecution in the country he
or she has just fled. (10 minutes)
7. Doolittle: Allows state and local law enforcement
officials to arrest and detain illegal aliens who have
previously been deported for criminal behavior until they can
be taken into federal custody by the INS. (20 minutes)
8. Traficant: Sense of Congress amendment that whenever
practicable, recipients of any money authorized in H.R. 1710
should buy American. (10 minutes)
9. Schumer: Establishes within the FBI a Domestic
Counterterrorism Center. (20 minutes)
10. Watt/Chenoweth: Strikes the habeas corpus provisions in
the bill. (30 minutes)
11. Bachus/Spratt: Adds a new title creating a Task Force
to assess the extent to which U.S. currency is being
counterfeited overseas; requires the State Department to
approve overseas deployment of Secret Service agents; instructs
the Sentencing Commission to enhance sentences of those
convicted of counterfeiting U.S. currency overseas. (10
minutes)
12. Bartlett: Creates a Blue Ribbon Commission with a two
year tenure to investigate and evaluate various aspects of the
current state of Federal Law Enforcement to facilitate a
restoration of public confidence. (10 minutes)
13. Bryant (TN): Prohibits court-appointed legal counsel
from being paid extraordinarily high hourly rates in cases
relating to the death penalty, particularly in habeas corpus
appeals. Also requires public disclosure of amounts awarded in
fees and expenses. (10 minutes)
14. Kennedy (MA)/Kasich: Adds offenses relating to
biological weapons to federal law as criminal offenses that are
prosecutable. (20 minutes)
15. Martini: Expands the Federal death penalty statute to
include situations in which a defendant ``* * * intentionally
kills or attempts to kill more than one person in a single
criminal episode.'' (10 minutes)
16. McCollum/Schumer: Establishes a permanent criminal
penalty for anyone who engages in a financial transaction with
a terrorist organization or a country which supports terrorist
activities. (20 minutes)
17. Conyers/Nadler: Amendment in the nature of a
substitute. Modifies fundraising prohibition contained in Sec.
102 of Hyde/Barr to allow for expedited judicial review. Sec.
103 is identical to Hyde/Barr. Deletes a number of provisions
from Hyde-Barr including the provision making it a crime to
donate property or services to groups designated as
``terrorist'' by the Secretary of State, the cop killer bullets
study, and the habeas corpus reform provisions. (1 hour)
Committee Votes
Pursuant to clause 2(l)(2)(B) of House rule XI the results
of each rollcall vote on an amendment or motion to report,
together with the names of those voting for and against, are
printed below:
rules committee rollcall no. 298
Date: March 12, 1996.
Measure: Rule for consideration of H.R. 2703, Effective
Death Penalty and Public Safety Act.
Motion By: Mr. Beilenson.
Summary of Motion: Make in order the amendment by Reps.
Markey and Hoyer to eliminate the BATF relief procedure for
firearms and explosives for convicted felons.
Results: Rejected, 4 to 7.
Vote by Members: Quillen--Nay; Dreier--Nay; Goss--Nay;
Linder--Yea; Pryce--Nay; Diaz-Balart--Nay; McInnis--Nay;
Waldholtz--Yea; Beilenson--Yea; Frost--Yea; Solomon--Nay.
The amendments made in order by the rule:
1. An Amendment To Be Offered by Representative Hyde of Illinois, or a
Designee, Debatable for 20 Minutes
On the first page, beginning in line 4, strike
``Comprehensive'' and all that follows through ``1995'' in line
5 and insert ``Effective Death Penalty and Public Safety Act of
1996''.
Page 6, line 1, strike ``should have known'' and insert ``has
reasonable cause to believe''.
Page 34, strike line 19 and all that follows through the
matter appearing before line 3 on page 47, and redesignate
succeeding sections and any cross references (including the
table of contents) accordingly.
Page 137, line 15, insert ``the court shall decline to hear a
claim under this paragraph'' after ``except that''.
Page 137, beginning in line 16, strike ``an action under''
and all that follows through ``affords'' ending in line 18, and
insert ``if the act occurred in the foreign state against which
the claim has been brought and the claimant has not afforded''.
Page 137, beginning in line 21, strike ``an action under''
and all that follows through ``national'' and insert ``if the
claimant or victim was not a national''.
Page 138, line 2, insert ``when the act upon which the claim
is based occurred'' after ``Act)''.
Page 138, line 2, strike ``and'' and insert ``or''.
Page 138, line 3, strike ``the court shall'' and all that
follows through ``has been brought'' in line 5, and insert ``if
the act occurred in the foreign state against which the claim
has been brought and that state''.
Page 138, beginning in line 9, strike ``new subsection''.
Page 138, line 22, strike the close quotation mark and the
period that follows it.
Page 138, after line 22, insert the following:
``(f) No action shall be maintained under subsection (a)(7)
unless the action is commenced not later than 10 years after
the date on which the cause of action arose. All principles of
equitable tolling, including the period during which the
foreign state was immune from suit, shall apply in calculating
this limitation period.''.
Page 151, after line 5, insert the following:
SEC. 807. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.
The Director of the Federal Bureau of Investigation is
authorized to support law enforcement training activities in
foreign countries for the purpose of improving the
effectiveness of the United States in investigating and
prosecuting transnational offenses.
SEC. 808. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR VICTIMS OF
CRIME.
(a) In General.--Notwithstanding any provision of the Federal
Rules of Criminal Procedure to the contrary, in order to permit
victims of crime to watch criminal trial proceedings in cases
where the venue of the trial is changed--
(1) out of the State in which the case was initially
brought; and
(2) more than 350 miles from the location in which
those proceedings originally would have taken place;
the courts involved shall, if donations under subsection (b)
will defray the entire cost of doing so, order closed circuit
televising of the proceedings to that location, for viewing by
such persons the courts determine have a compelling interest in
doing so and are otherwise unable to do so by reason of the
inconvenience and expense caused by the change of venue.
(b) No Rebroadcast.--No rebroadcast of the proceedings shall
be made.
(c) Limited Access.--
(1) Generally.--No other person, other than official
court and security personnel, or other persons
specifically designated by the courts, shall be
permitted to view the closed circuit televising of the
proceedings.
(2) Exception.--The courts shall not designate a
person under paragraph (1) if the presiding judge at
the trial determines that testimony by that person
would be materially affected if that person heard other
testimony at the trial.
(d) Donations.--The Administrative Office of the United
States Courts may accept donations to enable the courts to
carry out subsection (a). No appropriated money shall be used
to carry out such subsection.
(e) Definition.--As used in this section, the term ``State''
includes the District of Columbia and any other possession or
territory of the United States.
Modify the table of contents accordingly.
Page 52, strike line 1 and all that follows through line 17
on page 53.
Redesignate succeeding sections accordingly, and modify cross
references and the table of contents accordingly.
Page 125, strike line 13 and all that follows through line
20.
Redesignate succeeding sections accordingly, and modify cross
references and the table of contents accordingly.
----------
2. An Amendment To Be Offered by Representative Barr of Georgia, or a
Designee, Debatable for 60 Minutes
Page 28, strike lines 10 through 20, and insert the
following:
SEC. 112. STUDY AND RECOMMENDATIONS FOR ASSESSING AND REDUCING THE
THREAT TO LAW ENFORCEMENT OFFICERS FROM THE
CRIMINAL USE OF FIREARMS AND AMMUNITION.
(a) The Secretary of the Treasury, in conjunction with the
Attorney General, shall conduct a study and make
recommendations concerning--
(1) the extent and nature of the deaths and serious
injuries, in the line of duty during the last decade,
for law enforcement officers, including--
(A) those officers who were feloniously
killed or seriously injured and those that died
or were seriously injured as a result of
accidents or other non-felonious causes; and
(B) those officers feloniously killed or
seriously injured with firearms, those killed
or seriously injured with, separately, handguns
firing handgun caliber ammunition, handguns
firing rifle caliber ammunition, rifles firing
rifle caliber ammunition, rifles firing handgun
caliber ammunition and shotguns; and
(C) those officers feloniously killed or
seriously injured with firearms, and killings
or serious injuries committed with firearms
taken by officers' assailants from officers,
and those committed with other officers'
firearms; and
(D) those killed or seriously injured because
shots attributable to projectiles defined as
``armor piercing ammunition'' under 18,
Sec. 921(a)(17)(B) (i) and (ii) pierced the
protective material of bullet resistant vests
and bullet resistant headgear; and
(2) whether current passive defensive strategies,
such as body armor, are adequate to counter the
criminal use of firearms against law officers; and
(3) the calibers of ammunition that are--
(A) sold in the greatest quantities; and
(B) their common uses, according to
consultations with industry, sporting
organizations and law enforcement; and
(C) the calibers commonly used for civilian
defensive or sporting uses that would be
affected by any prohibition on non-law
enforcement sales of such ammunition, if such
ammunition is capable of penetrating minimum
level bullet resistant vests; and
(D) recommendations for increase in body
armor capabilities to further protect law
enforcement from threat.
(b) In conducting the study, the Secretary shall consult
with other Federal, State and local officials, non-governmental
organizations, including all national police organizations,
national sporting organizations and national industry
associations with expertise in this area and such other
individuals as shall be deemed necessary. Such study shall be
presented to Congress twelve months after the enactment of this
Act and made available to the public, including any data tapes
or data used to form such recommendations.
(c) There are authorized to be appropriated for the study
and recommendations such sums as may be necessary.
Page 34, strike line 6, and all that follows through the
matter following line 2 but before line 3 on page 47.
Redesignate succeeding sections accordingly.
Page 48, strike lines 3 through 14.
Redesignate succeeding sections accordingly.
Page 63, strike line 14 and all that follows through line
23 on page 94.
Redesignate succeeding sections accordingly.
Page 95, strike line 10 and all that follows through line
17 on page 100.
Redesignate succeeding sections accordingly.
Page 6, line 1, strike ``or should have known''.
Page 32, line 22, strike the one-m dash and all that
follows through ``(2)'' on page 33, run in the material before
and after the matter so stricken, and realign the margins of
line 1 through 5 on page 33 so as to be flush to the margin.
Page 47, after line 22, insert the following:
(b) Exclusion.--No study undertaken under this section
shall include black or smokeless powder among the explosive
materials considered.
Page 47, line 23, strike ``(b)'' and insert ``(c)''.
Page 49, strike line 12 and all that follows through line 7
on page 51.
Redesignate succeeding sections accordingly.
----------
3. An Amendment To Be Offered by Representative Hastings of Florida, or
a Designee, Debatable for 10 Minutes
Page 6, beginning in line 23, strike ``32'' and all that
follows through ``2332b'' in line 25 and insert ``32, 37, 81,
175, 351, 831, 842(m) or (n), 844(f) or (i), 956, 1114, 1116,
1203, 1361, 1362, 1363, 1366, 1751, 2155, 2156, 2280, 2281,
2332, 2332a, 2332b, or 2340A''.
----------
4. An Amendment To Be Offered by Representative DeLauro of Connecticut,
or a Designee, Debatable for 10 Minutes
At the end of title II, add the following:
SEC. 206. AMENDMENT OF SENTENCING GUIDELINES TO PROVIDE FOR ENHANCED
PENALTIES FOR A DEFENDANT WHO COMMITS A CRIME WHILE
IN POSSESSION OF A FIREARM WITH A LASER SIGHTING
DEVICE.
Not later than May 1, 1997, the United States Sentencing
Commission shall, pursuant to its authority under section 994
of title 28, United States Code, amend the sentencing
guidelines (and, if the Commission considers it appropriate,
the policy statements of the Commission) to provide that a
defendant convicted of a crime shall receive an appropriate
sentence enhancement if, during the crime--
(1) the defendant possessed a firearm equipped with a
laser sighting device; or
(2) the defendant possessed a firearm, and the
defendant (or another person at the scene of the crime
who was aiding in the commission of the crime)
possessed a laser sighting device capable of being
readily attached to the firearm.
Amend the table of contents accordingly.
----------
5. An Amendment To Be Offered by Representative Burton of Indiana, or a
Designee, Debatable for 20 Minutes
Page 48, strike line 3 and all that follows through line
14, redesignate succeeding sections accordingly and modify any
cross references (including the table of contents) accordingly.
----------
6. An Amendment To Be Offered by Representative Berman of California,
or a Designee, Debatable for 20 Minutes
Page 104, beginning in line 7, strike ``more probable than
not'' and insert ``probable''.
Page 104, line 10, strike ``significant'' and insert
``reasonable''.
----------
7. An Amendment To Be Offered by Representative Doolittle of
California, or a Designee, Debatable for 20 Minutes
Page 133, after line 17, insert the following new section
(and conform the table of contents accordingly):
SEC. 678. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO
ARREST AND DETAIN CERTAIN ILLEGAL ALIENS.
(a) In General.--Notwithstanding any other provision of
law, to the extent permitted by relevant State and local law,
State and local law enforcement officials are authorized to
arrest and detain an individual who--
(1) is an alien illegally present in the United
States and
(2) has previously been convicted of a felony in the
United States and deported or left the United States
after such conviction,
but only after the State or local law enforcement officials
obtain appropriate confirmation from the Immigration and
Naturalization Service of the status of such individual and
only for such period of time as may be required for the Service
to take the individual into Federal custody for purposes of
deporting or removing the alien from the United States.
(b) Cooperation.--The Attorney General shall cooperate with
the States to assure that information in the control of the
Attorney General, including information in the National Crime
Information Center, that would assist State and local law
enforcement officials in carrying out duties under subsection
(a) is made available to such officials.
----------
8. An Amendment To Be Offered by Representative Traficant of Ohio, or a
Designee, Debatable for 10 Minutes
Add at the end of title VII the following:
SEC. 704. SENSE OF CONGRESS.
It is the sense of Congress that, whenever practicable
recipients of any sums authorized to be appropriated by this
Act, should use the money to purchase American-made products.
----------
9. An Amendment To Be Offered by Representative Schumer of New York, or
a Designee, Debatable for 20 Minutes
At the end of title VIII (Miscellaneous) add the following:
SEC. 807. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal
years 1996 through 2000 to the Federal Bureau of Investigation
such sums as are necessary--
(1) to hire additional personnel, and to procure
equipment, to support expanded investigations of
domestic and international terrorism activities;
(2) to establish a Domestic Counterterrorism Center
to coordinate and centralize Federal, State, and local
law enforcement efforts in response to major terrorist
incidents, and as a clearinghouse for all domestic and
international terrorism information and intelligence;
and
(3) to cover costs associated with providing law
enforcement coverage of public events offering the
potential of being targeted by domestic or
international terrorists.
Conform the table of contents accordingly.
----------
10. An Amendment To Be Offered by Representative Watt of North
Carolina, or Representative Chenoweth of Idaho, or a Designee,
Debatable for 30 Minutes
Page 151, strike line 6 and all that follows through line
25 on page 176.
----------
11. An Amendment To Be Offered by Representative Bachus of Alabama, or
Representative Spratt of South Carolina, or a Designee, Debatable for
10 Minutes
Add at the end the following new title:
TITLE ____--INTERNATIONAL COUNTERFEITING
SEC. ____01. SHORT TITLE.
This title may be cited as the ``International Counterfeiting
Prevention Act of 1996''.
SEC. ____02. INTERAGENCY TASK FORCE ON INTERNATIONAL COUNTERFEITING OF
UNITED STATES CURRENCY.
(a) Establishment.--
(1) In general.--The Secretary of the Treasury, the
Chairman of the Board of Governors of the Federal
Reserve System, and the Secretary of State shall
establish, and appoint the members of, an interagency
task force (hereafter in this title referred to as the
``task force'') to--
(A) monitor the use and holding of United
States currency in foreign countries;
(B) produce a statistically valid estimate of
the amount of counterfeit United States
currency that is produced, passed, and
possessed outside the United States each year;
and
(C) coordinate the activities of the agencies
represented on the task force in carrying out
the duties described in subparagraphs (A) and
(B).
(2) Composition of task force.--The task force shall
consist of the following:
(A) The Under Secretary of the Treasury for
Enforcement, or a designee of the Under
Secretary.
(B) The Director of the United States Secret
Service, or a designee of the Director.
(C) The Director of the Bureau of Engraving
and Printing, or a designee of the Director.
(D) Such other officers of the Department of
the Treasury, including any officer in any
bureau, office, or service within the
department, as the Secretary of the Treasury
may determine to be appropriate, or any
designee of any such officer.
(E) A member of the Board of Governors of the
Federal Reserve System as designated by the
Chairman of such Board, or a designee of such
member.
(F) The general counsel of the Board of
Governors of the Federal Reserve System, or a
designee of the general counsel.
(G) Such other officers of the Board of
Governors of the Federal Reserve System as the
Chairman of such Board may determine to be
appropriate, or a designee of any such officer.
(H) Such officers of the Department of State
as the Secretary of State may determine to be
appropriate, or a designee of any such officer.
(3) Chairperson.--The Secretary of the Treasury shall
serve as the chairperson of the task force.
(b) Evaluation Audit Plan.--
(1) In general.--The task force shall establish an
effective international evaluation audit plan that is
designed to enable the agencies represented on the task
force to carry out the duties described in
subparagraphs (A) and (B) of subsection (a)(1) on a
regular and thorough basis.
(2) Submission of detailed written summary.--The task
force shall submit a detailed written summary of the
evaluation audit plan developed pursuant to paragraph
(1) to the Congress before the end of the 6-month
period beginning on the date of the enactment of this
Act.
(3) 1st evaluation audit under plan.--The task force
shall begin the first evaluation audit pursuant to the
evaluation audit plan no later than the end of the 1-
year period beginning on the date of the enactment of
this Act.
(4) Subsequent evaluation audits.--At least 1
evaluation audit shall be performed pursuant to the
evaluation audit plan during each 3-year period
beginning after the date of the commencement of the
evaluation audit referred to in paragraph (3).
(c) Reports.--
(1) In general.--The task force shall submit a
written report to the Committee on Banking and
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate on the results of each evaluation audit
conducted pursuant to subsection (b) within 90 days
after the completion of the evaluation audit.
(2) Contents.--In addition to such other information
as the task force may determine to be appropriate, each
report submitted to the Congress pursuant to paragraph
(1) shall include the following information:
(A) A detailed description of the evaluation
audit process and the methods used to detect
counterfeit currency.
(B) The method used to determine the currency
sample examined in connection with the
evaluation audit and an analysis of the
statistical significance of the sample
examined.
(C) A list of the regions of the world, types
of financial institutions, and other entities
included.
(D) The total amount of United States
currency and the total quantity of each
denomination found in each region of the world.
(E) The total amount of counterfeit United
States currency and the total quantity of each
counterfeit denomination found in each region
of the world.
(F) An analysis of the types of counterfeit
currency discovered and any recurring patterns
of counterfeiting, including currency that fits
the family of counterfeit currency designated
by the United States Secret Service as C--
14342.
(3) Classification of information.--
(A) In general.--To the greatest extent
possible, each report submitted to the Congress
under this subsection shall be submitted in an
unclassified form.
(B) Classified and unclassified forms.--If,
in the interest of submitting a complete report
under this subsection, the task force
determines that it is necessary to include
classified information in the report, the
report shall be submitted in a classified and
an unclassified form.
(d) Sunset Provision.--This section shall cease to be
effective as of the end of the 10-year period beginning on the
date of the enactment of this Act.
SEC. ____03. LAW ENFORCEMENT AND SENTENCING PROVISIONS RELATING TO
INTERNATIONAL COUNTERFEITING OF UNITED STATES
CURRENCY.
(a) Findings.--The Congress hereby finds the following:
(1) United States currency is being counterfeited
outside the United States.
(2) The 103d Congress enacted, with the approval of
the President on September 13, 1994, section 470 of
title 18, United States Code, making such activity a
crime under the laws of the United States.
(3) The expeditious posting of agents of the United
States Secret Service to overseas posts, which is
necessary for the effective enforcement of section 470
and related criminal provisions, has been delayed.
(4) While section 470 of title 18, United States
Code, provides for a maximum term of imprisonment of 20
years as opposed to a maximum term of 15 years for
domestic counterfeiting, the United States Sentencing
Commission has failed to provide, in its sentencing
guidelines, for an appropriate enhancement of
punishment for defendants convicted of counterfeiting
United States currency outside the United States.
(b) Timely Consideration of Requests for Concurrence in
Creation of Overseas Posts.--
(1) In general.--The Secretary of State shall--
(A) consider in a timely manner the request
by the Secretary of the Treasury for the
placement of such number of agents of the
United States Secret Service as the Secretary
of the Treasury considers appropriate in posts
in overseas embassies; and
(B) reach an agreement with the Secretary of
the Treasury on such posts as soon as possible
and, in any event, not later than December 31,
1996.
(2) Cooperation of treasury required.--The Secretary
of the Treasury shall promptly provide any information
requested by the Secretary of State in connection with
such requests.
(3) Reports required.--The Secretary of the Treasury
and the Secretary of State shall each submit, by
February 1, 1997, a written report to the Committee on
Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate explaining the reasons
for the rejection, if any, of any proposed post and the
reasons for the failure, if any, to fill any approved
post by such date.
(c) Enhanced Penalties for International Counterfeiting of
United States Currency.--Pursuant to the authority of the
United States Sentencing Commission under section 994 of title
28, United States Code, the Commission shall amend the
sentencing guidelines prescribed by the Commission to provide
an appropriate enhancement of the punishment for a defendant
convicted under section 470 of title 18 of such Code.
----------
12. An Amendment To Be Offered by Representative Bartlett of Maryland,
or a Designee, Debatable for 10 Minutes
Add at the end the following new title:
TITLE --COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT
SEC. ____01. ESTABLISHMENT.
There is established a commission to be known as the
``Commission on the Advancement of Federal Law Enforcement''
(in this title referred to as the ``Commission'').
SEC. ____02. DUTIES.
The Commission shall investigate, ascertain, evaluate,
report, and recommend action to the Congress on the following
matters:
(1) In general, the manner in which significant
Federal criminal law enforcement operations are
conceived, planned, coordinated, and executed.
(2) The standards and procedures used by Federal law
enforcement to carry out significant Federal criminal
law enforcement operations, and their uniformity and
compatibility on an interagency basis, including
standards related to the use of deadly force.
(3) The criminal investigation and handling by the
United States Government, and the Federal law
enforcement agencies therewith--
(A) on February 28, 1993, in Waco, Texas,
with regard to the conception, planning, and
execution of search and arrest warrants that
resulted in the deaths of 4 Federal law
enforcement officers and 6 civilians;
(B) regarding the efforts to resolve the
subsequent standoff in Waco, Texas, which ended
in the deaths of over 80 civilians on April 19,
1993; and
(C) concerning other Federal criminal law
enforcement cases, at the Commission's
discretion, which have been presented to the
courts or to the executive branch of Government
in the last 25 years that are actions or
complaints based upon claims of abuse of
authority, practice, procedure, or violations
of constitutional guarantees, and which may
indicate a pattern or problem of abuse within
an enforcement agency or a sector of the
enforcement community.
(4) The necessity for the present number of Federal
law enforcement agencies and units.
(5) The location and efficacy of the office or entity
directly responsible, aside from the President of the
United States, for the coordination on an interagency
basis of the operations, programs, and activities of
all of the Federal law enforcement agencies.
(6) The degree of assistance, training, education,
and other human resource management assets devoted to
increasing professionalism for Federal law enforcement
officers.
(7) The independent accountability mechanisms that
exist, if any, and their efficacy to investigate,
address, and correct systemic or gross individual
Federal law enforcement abuses.
(8) The extent to which Federal law enforcement
agencies have attempted to pursue community outreach
efforts that provide meaningful input into the shaping
and formation of agency policy, including seeking and
working with State and local law enforcement agencies
on Federal criminal enforcement operations or programs
that directly impact a State or local law enforcement
agency's geographic jurisdiction.
(9) Such other related matters as the Commission
deems appropriate.
SEC. ____03. MEMBERSHIP AND ADMINISTRATIVE PROVISIONS.
(a) Number and Appointment.--The Commission shall be composed
of 5 members appointed as follows:
(1) 1 member appointed by the President pro tempore
of the Senate.
(2) 1 member appointed by the minority leader of the
Senate.
(3) 1 member appointed by the Speaker of the House of
Representatives.
(4) 1 member appointed by the minority leader of the
House of Representatives.
(5) 1 member (who shall chair the Commission)
appointed by the Chief Justice of the Supreme Court.
(b) Disqualification.--A person who is an officer or employee
of the United States shall not be appointed a member of the
Commission.
(c) Terms.--Each member shall be appointed for the life of
the Commission.
(d) Quorum.--3 members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(e) Meetings.--The Commission shall meet at the call of the
Chair of the Commission.
(f) Compensation.--Each member of the Commission who is not
an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day, including travel time, during which the
member is engaged in the performance of the duties of the
Commission.
SEC. ____04. STAFFING AND SUPPORT FUNCTIONS.
(a) Director.--The Commission shall have a director who shall
be appointed by the Chair of the Commission.
(b) Staff.--Subject to rules prescribed by the Commission,
the Director may appoint additional personnel as the Commission
considers appropriate.
(c) Applicability of Certain Civil Service Laws.--The
Director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(d) Experts and Consultants.--The Commission may procure
temporary and intermittent services of experts and consultants
under section 3109(b) of title 5, United States Code, but at
rates for individuals not to exceed per day the daily
equivalent of the maximum annual rate of basic pay payable for
GS-15 of the General Schedule.
SEC. ____05. POWERS.
(a) Hearings and Sessions.--The Commission may, for the
purposes of carrying out this Act, hold hearings, sit and act
at times and places, take testimony, and receive evidence as
the Commission considers appropriate. The Commission may
administer oaths or affirmations to witnesses appearing before
it. The Commission may establish rules for its proceedings.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(c) Obtaining Official Data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this title.
Upon request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out its
responsibilities under this title.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and
the production of any evidence relating to any matter
under investigation by the Commission. The attendance
of witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
(2) Failure to obey subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the
Commission may apply to the United States district
court for an order requiring that person to appear
before the Commission to give testimony, produce
evidence, or both, relating to the matter under
investigation. The application may be made within the
judicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the
Commission shall be served in the manner provided for
subpoenas issued by a United States district court
under the Federal Rules of Civil Procedure for the
United States district courts.
(4) Service of process.--All process of any court to
which application is to be made under paragraph (2) may
be served in the judicial district in which the person
required to be served resides or may be found.
(f) Immunity.--The Commission is an agency of the United
States for the purpose of part V of title 18, United States
Code (relating to immunity of witnesses).
SEC. ____06. REPORT.
The Commission shall transmit a report to the Congress and
the public not later than 2 years after a quorum of the
Commission has been appointed. The report shall contain a
detailed statement of the findings and conclusions of the
Commission, together with the Commission's recommendations for
such actions as the Commission considers appropriate.
SEC. ____07. TERMINATION.
The Commission shall terminate 30 days after submitting the
report required by this title.
----------
13. An Amendment To Be Offered by Representative Bryant of Tennessee,
or a Designee, Debatable for 10 Minutes
Add the following at the end:
TITLE --REPRESENTATION FEES
SEC. 01. REPRESENTATION FEES IN CRIMINAL CASES.
(a) In General.--Section 3006A of title 18, United States
Code, is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (4), (5) and
(6) as paragraphs (5), (6), and (7),
respectively; and
(B) by inserting after paragraph (3) the
following:
``(4) Disclosure of fees.--The amounts paid under
this subsection, for representation in any case, shall
be made available to the public.''; and
(2) in subsection (3) by adding at the end of the
following:
``(4) Disclosure of fees.--The amounts paid under
this subsection for services in any case shall be made
available to the public.''.
(b) Fees and Expenses and Capital Cases.--Section
408(q)(10) of the Controlled Substances Act (21 U.S.C.
848(q)(10)) is amended to read as follows:
``(10)(A) Compensation shall be paid to attorneys appointed
under this subsection at a rate of not less than $75, and not
more than $125, per hour for in-court and out-of-court time,
Fees and expenses shall be paid for investigative, expert, and
other reasonably necessary services authorized under paragraph
(9) at the rates and in the amounts authorized under section
3006A of title 18, United States Code.
``(B) The amounts paid under this paragraph for services in
any case shall be made available to the public.''.
(c) Effective Date.--The amendments made by this section
apply to cases commenced on or after the date of the enactment
of this Act.
----------
14. An Amendment To Be Offered by Representative Kennedy of
Massachusetts, or Representative Kasich of Ohio, or a Designee,
Debatable for 20 Minutes
Add at the end of the following:
TITLE --BIOLOGICAL WEAPONS RESTRICTIONS
SEC. 001. SHORT TITLE.
This Act may be cited as the ``Biological Weapons Enhanced
Penalties Act of 1996.''.
SEC. 002. ATTEMPTS TO ACQUIRE UNDER FALSE PRETENSES.
Section 175(a) of title 18, United States Code, is amended
by inserting ``attempts to acquire under false pretenses, after
``acquires,''.
SEC. 003. INCLUSION OF RECOMBINANT MOLECULES.
Section 175 of title 18, United States Code, is amended by
inserting ``recombinant molecules,'' after ``toxin,'' each
place it appears.
SEC. 004. DEFINITIONS.
Section 173 of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``or naturally
occurring or bioengineered component of any such
microorganism, virus, or infectious substance,'' after
``infectious substance'';
(2) in paragraph (2)--
(A) by inserting ``the toxic material of
plants, animals, microorganisms, viruses,
fungi, or infectious substances'' after
``means''; and
(B) by inserting ``, and includes'' after
``production'';
(3) in paragraph (4), by inserting ``or a molecule,
including a recombinant molecule,'' after ``organism''.
SEC. 005. THREATENING USE OF CERTAIN WEAPONS.
Section 2332a of title 18, United States Code, is amended
by inserting ``, threatens,'' after ``uses, or''.
SEC. 006. INCLUSION OF RECOMBINANT MOLECULES AND BIOLOGICAL ORGANISMS
IN DEFINITION.
Section 2332a(b)(2)(C) of title 18, United States Code, is
amended by striking ``disease organism'' and inserting
``biological agent or toxin, as those terms are defined in
section 178''.
----------
15. An Amendment To Be Offered by Representative Martini of New Jersey,
or a Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE --DEATH PENALTY AGGRAVATING FACTOR
SEC. . DEATH PENALTY AGGRAVATING FACTOR.
Section 3592(c) of title 18, United States Code, is amended
by adding after paragraph (15) the following:
``(16) Multiple killings or attempted killings.--The
defendant intentionally kills or attempts to kill more
than one person in a single criminal episode.''.
----------
16. An Amendment To Be Offered by Representative McCollum of Florida,
or Representative Schumer of New York, or a Designee, Debatable for 20
Minutes
Add at the end the following:
TITLE --FINANCIAL TRANSACTIONS WITH TERRORISTS
SEC. . FINANCIAL TRANSACTIONS WITH TERRORISTS.
(a) In General.--Title 18, United States Code, is amended
by inserting before section 2333 the following:
``Sec. 2332c. Financial transactions
``(a) Except as provided in regulations made by the
Secretary of State, whoever, being a United States person,
knowing or having reasonable cause to know that a country is a
country that has been designated under section 6(j) of the
Export Administration Act (50 U.S.C. App. 2405) as a country
supporting international terrorism; engages in a financial
transaction with that country, shall be fined under this title
or imprisoned not more than 10 years, or both.
``(b) As used in this section--
``(1) the term `financial transaction' has the
meaning given that term in section 1956(c)(4); and
``(2) the term `United States person' means any
United States citizen or national, permanent resident
alien, juridical person organized under the laws of the
United States, or any person in the United States.''.
(b) Clerical Amendment.--The table of sections at the
beginning of the chapter of title 18, United States Code, to
which the amendment of subsection (a) was made is amended by
inserting before the item relating to section 2333 the
following new item:
``2332c. Financial transactions.''.
____________________________________________________
17. An Amendment To Be Offered By Representative Conyers of Michigan,
or Representative Nadler of New York, or a Designee, Debatable for 60
Minutes
Strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crimes Associated With
Terrorism Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CRIMINAL ACTS
Sec. 101. Protection of Federal employees.
Sec. 102. Prohibiting material support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism against children.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction
statute.
Sec. 108. Addition of offenses to the money laundering statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
TITLE II--INCREASED PENALTIES
Sec. 201. Penalties for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for terrorism
offenses.
Sec. 204. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a
crime of violence.
TITLE III--INVESTIGATIVE TOOLS
Sec. 301. Study of tagging explosive materials, detection of explosives
and explosive materials, rendering
explosive components inert, and imposing
controls of precursors of explosives.
Sec. 302. Requirement to preserve record evidence.
Sec. 303. Detention hearing.
Sec. 304. Reward authority of the Attorney General.
Sec. 305. Protection of Federal Government buildings in the District of
Columbia.
Sec. 306. Study of thefts from armories; report to the Congress.
TITLE IV--NUCLEAR MATERIALS
Sec. 401. Expansion of nuclear materials prohibitions.
TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Effective date.
TITLE VI--REMOVAL PROCEDURES FOR ALIEN TERRORISTS
Sec. 601. Removal procedures for alien terrorists.
TITLE VII--AUTHORIZATION AND FUNDING
Sec. 701. Firefighter and emergency services training.
Sec. 702. Assistance to foreign countries to procure explosive
detection devices and other counter-
terrorism technology.
Sec. 703. Research and development to support counter-terrorism
technologies.
TITLE VIII--MISCELLANEOUS
Sec. 801. Study of State licensing requirements for the purchase and
use of high explosives.
Sec. 802. Compensation of victims of terrorism.
Sec. 803. Jurisdiction for lawsuits against terrorist States.
Sec. 804. Compilation of statistics relating to intimidation of
government employees.
Sec. 805. Victim restitution Act.
TITLE I--CRIMINAL ACTS
SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.
(a) Homicide.--Section 1114 of title 18, United States Code,
is amended to read as follows:
``Sec. 1114. Protection of officers and employees of the United States
``Whoever kills or attempts to kill any officer or employee
of the United States or of any agency in any branch of the
United States Government (including any member of the uniformed
services) while such officer or employee is engaged in or on
account of the performance of official duties, or any person
assisting such an officer or employee in the performance of
such duties or on account of that assistance, shall be
punished, in the case of murder, as provided under section
1111, or in the case of manslaughter, as provided under section
1112, or, in the case of attempted murder or manslaughter, as
provided in section 1113.''.
(b) Threats Against Former Officers and Employees.--Section
115(a)(2) of title 18, United States Code, is amended by
inserting ``, or threatens to assault, kidnap, or murder, any
person who formerly served as a person designated in paragraph
(1), or'' after ``assaults, kidnaps, or murders, or attempts to
kidnap or murder''.
SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.
(a) In General.--The chapter 113B of title 18, United States
Code, that relates to terrorism is amended by adding at the end
the following:
``Sec. 2339B. Providing material support to terrorist organizations
``(a) Offense.--Whoever, within the United States knowingly
provides material support or resources in or affecting
interstate or foreign commerce, to any organization which the
person knows or should have known is a terrorist organization
that has been designated under this section as a terrorist
organization shall be fined under this title or imprisoned not
more than 10 years, or both.
``(b) Terrorist Organization Defined.--
``(1) Designation.--For purposes of this section and
the Crimes Associated With Terrorism Act of 1996 and
title V of the Immigration and Nationality Act, the
term `terrorist organization' means a foreign
organization designated in the Federal Register as a
terrorist organization by the Secretary of State in
consultation with the Attorney General, based upon a
finding that the organization engages in, or has
engaged in, terrorist activity that threatens the
national security of the United States.
``(2) Process.--At least 3 days before designating an
organization as a terrorist organization through
publication in the Federal Register, the Secretary of
State, in consultation with the Attorney General, shall
notify the Committees on the Judiciary of the House of
Representatives and the Senate of the intent to make
such designation and the findings and the basis for
designation. The Secretary of State, in consultation
with the Attorney General, shall create an
administrative record prior to such designation and may
use classified information in making such a
designation. Such classified information is not subject
to disclosure so long as it remains classified, except
as provided in paragraph (3) for the purposes of
judicial review of such designation. The Secretary of
State, in consultation with the Attorney General, shall
provide notice and an opportunity for public comment
prior to the creation of the administrative record
under this paragraph.
``(3) Judicial review.--Any organization designated
as a terrorist organization under the preceding
provisions of this subsection may, not later than 30
days after the date of the designation, seek judicial
review thereof in any United States Court of Appeals of
competent jurisdiction. The court shall hold unlawful
and set aside the designation if the court finds the
designation to be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law,
not supported by a preponderance of the evidence,
contrary to constitutional right, power, privilege, or
immunity, or not in accord with the procedures required
by law. Such review shall proceed in an expedited
manner. Designated organizations shall have the
opportunity to call witnesses and present evidence in
rebuttal of such designation. During the pendency of
the court's review of the designation, the prohibition
against providing material support to the organization
under this section shall not apply unless the court
finds that the Government is likely to succeed on the
merits of the designation. For the purposes of this
section, any classified information used in making the
designation shall be considered by the court, and
provided to the organization, under the procedures
provided under title V of the Immigration and
Nationality Act.
``(4) Congressional authority to remove
designation.--The Congress reserves the authority to
remove, by law, the designation of an organization as a
terrorist organization under this subsection.
``(5) Sunset.--Subject to paragraph (4), the
designation under this subsection of an organization as
a terrorist organization shall be effective for a
period of 2 years from the date of the initial
publication of the terrorist organization designation
by the Secretary of State. At the end of such period
(but no sooner than 60 days prior to the termination of
the 2-year designation period), the Secretary of State,
in consultation with the Attorney General, may
redesignate the organization in conformity with the
requirements of this subsection for designation of the
organization.
``(6) Other authority to remove designation.--The
Secretary of State, in consultation with the Attorney
General, may remove the terrorist organization
designation from any organization previously designated
as such an organization, at any time, so long as the
Secretary publishes notice of the removal in the
Federal Register. The Secretary is not required to
report to Congress prior to so removing such
designation.
``(c) Definitions.--As used in this section, the term--
``(1) `material support or resources' has the meaning
given that term in section 2339A of this title; and
``(2) `terrorist activity' means any act in
preparation for or in carrying out a violation of
section 32, 37, 351, 844(f) or (i), 956, 1114, 1116,
1203, 1361, 1363, 1751, 2280, 2281, 2331(1)(A), 2332,
2332a, or 2332b of this title or section 46502 of title
49, or in preparation for or in carrying out the
concealment or an escape from the commission of any
such violation.''.
(b) Clerical Amendment.--The table of sections at the
beginning of the chapter 113B of title 18, United States Code,
that relates to terrorism is amended by inserting after the
item relating to section 2339a the following new item:
``2339b. Providing material support to terrorist organizations.''.
SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended to
read as follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Offense.--Whoever, within the United States, provides
material support or resources or conceals or disguises the
nature, location, source, or ownership of material support or
resources, knowing or intending that they are to be used in
preparation for or in carrying out, a violation of section 32,
37, 81, 175, 351, 844(f) or (i), 956, 1114, 1116, 1203, 1361,
1363, 1751, 2280, 2281, 2332, 2332a, 2332b, or 2340 of this
title or section 46502 or 6012 of title 49, or in preparation
for or in carrying out the concealment or an escape from the
commission of any such violation, shall be fined under this
title, imprisoned not more than ten years, or both.
``(b) Definition.--In this section, the term `material
support or resources' means currency or other financial
securities, financial services, lodging, training, safehouses,
false documentation or identification, communications
equipment, facilities, weapons, lethal substances, explosives,
personnel, transportation, and other physical assets, except
medicine or religious materials.''.
SEC. 104. ACTS OF TERRORISM AGAINST CHILDREN.
(a) Offense.--Title 18, United States Code, is amended by
inserting after section 2332a the following:
``Sec. 2332b. Acts of terrorism against children
``(a) Prohibited Acts.--
``(a) Whoever intentionally commits a Federal crime of
terrorism against a child, shall be fined under this title or
imprisoned for any term of years or for life, or both. This
section does not prevent the imposition of any more severe
penalty which may be provided for the same conduct by another
provision of Federal law.
``(b) Definitions.--As used in this section--
``(1) the term `Federal crime of terrorism' means an
offense that--
``(A) is calculated to influence or affect
the conduct of government by intimidation or
coercion, or to retaliate against government
conduct; and
``(B) is a violation of--
``(i) section 32 (relating to
destruction of aircraft or aircraft
facilities), 37 (relating to violence
at international airports), 81
(relating to arson within special
maritime and territorial jurisdiction),
175 (relating to biological weapons),
351 (relating to congressional,
cabinet, and Supreme Court
assassination, kidnapping, and
assault), 831 (relating to nuclear
weapons), 842(m) or (n) (relating to
plastic explosives), 844(e) (relating
to certain bombings), 844(f) or (i)
(relating to arson and bombing of
certain property), 956 (relating to
conspiracy to commit violent acts in
foreign countries), 1114 (relating to
protection of officers and employees of
the United States), 1116 (relating to
murder or manslaughter of foreign
officials, official guests, or
internationally protected persons),
1203 (relating to hostage taking), 1361
(relating to injury of Government
property), 1362 (relating to
destruction of communication lines),
1363 (relating to injury to buildings
or property within special maritime and
territorial jurisdiction of the United
States), 1366 (relating to destruction
of energy facility), 1751 (relating to
Presidential and Presidential staff
assassination, kidnapping, and
assault), 2152 (relating to injury of
harbor defenses), 2155 (relating to
destruction of national defense
materials, premises, or utilities),
2156 (relating to production of
defective national defense materials,
premises, or utilities), 2280 (relating
to violence against maritime
navigation), 2281 (relating to violence
against maritime fixed platforms), 2332
(relating to certain homicides and
violence outside the United States),
2332a (relating to use of weapons of
mass destruction), 2332b (relating to
acts of terrorism transcending national
boundaries), 2339A (relating to
providing material support to
terrorists), 2339B (relating to
providing material support to terrorist
organizations), or 2340A (relating to
torture) of this title;
``(ii) section 236 (relating to
sabotage of nuclear facilities or fuel)
of the Atomic Energy Act of 1954; or
``(iii) section 46502 (relating to
aircraft piracy), or 60123(b) (relating
to destruction of interstate gas or
hazardous liquid pipeline facility) of
title 49; and
``(2) the term `child' means an individual who has
not attained the age of 18 years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of the chapter 113B of title 18, United States Code,
that relates to terrorism is amended by inserting after the
item relating to section 2332a the following new item:
``2332b. Acts of terrorism against children.''.
SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General.--Section 956 of chapter 45 of title 18,
United States Code, is amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or
damage property in a foreign country
``(a)(1) Whoever, within the jurisdiction of the United
States, conspires with one or more other persons, regardless of
where such other person or persons are located, to commit at
any place outside the United States an act that would
constitute the offense of murder, kidnapping, or maiming if
committed in the special maritime and territorial jurisdiction
of the United States shall, if any of the conspirators commits
an act within the jurisdiction of the United States to effect
any object of the conspiracy, be punished as provided in
subsection (a)(2).
``(2) The punishment for an offense under subsection (a)(1)
of this section is--
``(A) imprisonment for any term of years or for life
if the offense is conspiracy to murder or kidnap; and
``(B) imprisonment for not more than 35 years if the
offense is conspiracy to maim.
``(b) Whoever, within the jurisdiction of the United States,
conspires with one or more persons, regardless of where such
other person or persons are located, to damage or destroy
specific property situated within a foreign country and
belonging to a foreign government or to any political
subdivision thereof with which the United States is at peace,
or any railroad, canal, bridge, airport, airfield, or other
public utility, public conveyance, or public structure, or any
religious, educational, or cultural property so situated,
shall, if any of the conspirators commits an act within the
jurisdiction of the United States to effect any object of the
conspiracy, be imprisoned not more than 25 years.''.
(b) Clerical Amendment.--The item relating to section 956 in
the table of sections at the beginning of chapter 45 of title
18, United States Code, is amended to read as follows:
``956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.''.
SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
CERTAIN TERRORISM OFFENSES OVERSEAS.
(a) Aircraft Piracy.--Section 46502(b) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``and later found
in the United States'';
(2) so that paragraph (2) reads as follows:
``(2) There is jurisdiction over the offense in paragraph (1)
if--
``(A) a national of the United States was aboard the
aircraft;
``(B) an offender is a national of the United States;
or
``(C) an offender is afterwards found in the United
States.''; and
(3) by inserting after paragraph (2) the following:
``(3) For purposes of this subsection, the term `national of
the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Destruction of Aircraft or Aircraft Facilities.--Section
32(b) of title 18, United States Code, is amended--
(1) by striking ``, if the offender is later found in
the United States,''; and
(2) by inserting at the end the following: ``There is
jurisdiction over an offense under this subsection if a
national of the United States was on board, or would
have been on board, the aircraft; an offender is a
national of the United States; or an offender is
afterwards found in the United States. For purposes of
this subsection, the term `national of the United
States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act.''.
(c) Murder of Foreign Officials and Certain Other Persons.--
Section 1116 of title 18, United States Code, is amended--
(1) in subsection (b), by adding at the end the
following:
``(7) `National of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''; and
(2) in subsection (c), by striking the first sentence
and inserting the following: ``If the victim of an
offense under subsection (a) is an internationally
protected person outside the United States, the United
States may exercise jurisdiction over the offense if
(1) the victim is a representative, officer, employee,
or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is
afterwards found in the United States.''.
(d) Protection of Foreign Officials and Certain Other
Persons.--Section 112 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting `` `national of
the United States','' before ``and''; and
(2) in subsection (e), by striking the first sentence
and inserting the following: ``If the victim of an
offense under subsection (a) is an internationally
protected person outside the United States, the United
States may exercise jurisdiction over the offense if
(1) the victim is a representative, officer, employee,
or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is
afterwards found in the United States.''.
(e) Threats and Extortion Against Foreign Officials and
Certain Other Persons.--Section 878 of title 18, United States
Code, is amended--
(1) in subsection (c), by inserting `` `national of
the United States','' before ``and''; and
(2) in subsection (d), by striking the first sentence
and inserting the following: ``If the victim of an
offense under subsection (a) is an internationally
protected person outside the United States, the United
States may exercise jurisdiction over the offense if
(1) the victim is a representative, officer, employee,
or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is
afterwards found in the United States.''.
(f) Kidnapping of Internationally Protected Persons.--Section
1201(e) of title 18, United States Code, is amended--
(1) by striking the first sentence and inserting the
following: ``If the victim of an offense under
subsection (a) is an internationally protected person
outside the United States, the United States may
exercise jurisdiction over the offense if (1) the
victim is a representative, officer, employee, or agent
of the United States, (2) an offender is a national of
the United States, or (3) an offender is afterwards
found in the United States.''; and
(2) by adding at the end the following: ``For
purposes of this subsection, the term `national of the
United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).''.
(g) Violence at International Airports.--Section 37(b)(2) of
title 18, United States Code, is amended--
(1) by inserting ``(A)'' before ``the offender is
later found in the United States''; and
(2) by inserting ``; or (B) an offender or a victim
is a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)))'' after ``the offender is
later found in the United States''.
(h) Biological Weapons.--Section 178 of title 18, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(3) by adding the following at the end:
``(5) the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION
STATUTE.
Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``Against a National or
Within the United States'' after ``Offense'';
(B) by inserting ``, without lawful
authority'' after ``A person who'';
(C) by inserting ``threatens,'' before
``attempts or conspires to use, a weapon of
mass destruction''; and
(D) by inserting ``and the results of such
use affect interstate or foreign commerce or,
in the case of a threat, attempt, or
conspiracy, would have affected interstate or
foreign commerce'' before the semicolon at the
end of paragraph (2);
(2) in subsection (b)(2)(A), by striking ``section
921'' and inserting ``section 921(a)(4) (other than
subparagraphs (B) and (C))'';
(3) in subsection (b), so that subparagraph (B) of
paragraph (2) reads as follows:
``(B) any weapon that is designed to cause
death or serious bodily injury through the
release, dissemination, or impact of toxic or
poisonous chemicals, or their precursors;'';
(4) by redesignating subsection (b) as subsection
(c); and
(5) by inserting after subsection (a) the following
new subsection:
``(b) Offense by National Outside the United States.--Any
national of the United States who, without lawful authority and
outside the United States, uses, or threatens, attempts, or
conspires to use, a weapon of mass destruction shall be
imprisoned for any term of years or for life.''.
SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUNDERING STATUTE.
(a) Murder and Destruction of Property.--Section
1956(c)(7)(B)(ii) of title 18, United States Code, is amended
by striking ``or extortion;'' and inserting ``extortion,
murder, or destruction of property by means of explosive or
fire;''.
(b) Specific Offenses.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended--
(1) by inserting after ``an offense under'' the
following: ``section 32 (relating to the destruction of
aircraft), section 37 (relating to violence at
international airports), section 115 (relating to
influencing, impeding, or retaliating against a Federal
official by threatening or injuring a family
member),'';
(2) by inserting after ``section 215 (relating to
commissions or gifts for procuring loans),'' the
following: ``section 351 (relating to Congressional or
Cabinet officer assassination),'';
(3) by inserting after ``section 793, 794, or 798
(relating to espionage),'' the following: ``section 831
(relating to prohibited transactions involving nuclear
materials), section 844 (f) or (i) (relating to
destruction by explosives or fire of Government
property or property affecting interstate or foreign
commerce),'';
(4) by inserting after ``section 875 (relating to
interstate communications),'' the following: ``section
956 (relating to conspiracy to kill, kidnap, maim, or
injure certain property in a foreign country),'';
(5) by inserting after ``1032 (relating to
concealment of assets from conservator, receiver, or
liquidating agent of financial institution),'' the
following: ``section 1111 (relating to murder), section
1114 (relating to protection of officers and employees
of the United States), section 1116 (relating to murder
of foreign officials, official guests, or
internationally protected persons),'';
(6) by inserting after ``section 1203 (relating to
hostage taking),'' the following: ``section 1361
(relating to willful injury of Government property),
section 1363 (relating to destruction of property
within the special maritime and territorial
jurisdiction),'';
(7) by inserting after ``section 1708 (theft from the
mail),'' the following: ``section 1751 (relating to
Presidential assassination),'';
(8) by inserting after ``2114 (relating to bank and
postal robbery and theft),'' the following: ``section
2280 (relating to violence against maritime
navigation), section 2281 (relating to violence against
maritime fixed platforms),''; and
(9) by striking ``of this title'' and inserting the
following: ``section 2332 (relating to terrorist acts
abroad against United States nationals), section 2332a
(relating to use of weapons of mass destruction),
section 2332c (relating to international terrorist acts
transcending national boundaries), section 2339A
(relating to providing material support to terrorists)
of this title, section 46502 of title 49, United States
Code''.
SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.
Section 844(e) of title 18, United States Code, is amended by
striking ``commerce,'' and inserting ``interstate or foreign
commerce, or in or affecting interstate or foreign commerce,''.
SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
Section 2280(b)(1)(A) of title 18, United States Code, is
amended--
(1) in clause (ii), by striking ``and the activity is
not prohibited as a crime by the State in which the
activity takes place''; and
(2) in clause (iii), by striking ``the activity takes
place on a ship flying the flag of a foreign country or
outside the United States,''.
SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.
Section 842(h) of title 18, United States Code, is amended to
read as follows:
``(h) It shall be unlawful for any person to receive,
possess, transport, ship, conceal, store, barter, sell, dispose
of, or pledge or accept as security for a loan, any stolen
explosive materials which are moving as, which are part of,
which constitute, or which have been shipped or transported in,
interstate or foreign commerce, either before or after such
materials were stolen, knowing or having reasonable cause to
believe that the explosive materials were stolen.''.
TITLE II--INCREASED PENALTIES
SEC. 201. PENALTIES FOR CERTAIN EXPLOSIVES OFFENSES.
(a) Increased Penalties for Damaging Certain Property.--
Section 844(f) of title 18, United States Code, is amended to
read as follows:
``(f) Whoever damages or destroys, or attempts to damage or
destroy, by means of fire or an explosive, any personal or real
property in whole or in part owned, possessed, or used by, or
leased to, the United States, or any department or agency
thereof, or any institution or organization receiving Federal
financial assistance shall be fined under this title or
imprisoned for not more than 25 years, or both, but--
``(1) if personal injury results to any person other
than the offender, the term of imprisonment shall be
not more than 40 years;
``(2) if fire or an explosive is used and its use
creates a substantial risk of serious bodily injury to
any person other than the offender, the term of
imprisonment shall not be more than 45 years; and
``(3) if death results to any person other than the
offender, the offender shall be subject to imprisonment
for any term of years, or for life.''.
(b) Conforming Amendment.--Section 81 of title 18, United
States Code, is amended by striking ``fined under this title or
imprisoned not more than five years, or both'' and inserting
``imprisoned not more than 25 years or fined the greater of the
fine under this title or the cost of repairing or replacing any
property that is damaged or destroyed, or both''.
(c) Statute of Limitation for Arson Offenses.--
(1) Chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3295. Arson offenses
``No person shall be prosecuted, tried, or punished for any
non-capital offense under section 81 or subsection (f), (h), or
(i) of section 844 of this title unless the indictment is found
or the information is instituted within 7 years after the date
on which the offense was committed.''.
(2) The table of sections at the beginning of chapter
213 of title 18, United States Code, is amended by
adding at the end the following new item:
``3295. Arson offenses.''.
(3) Section 844(i) of title 18, United States Code,
is amended by striking the last sentence.
SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.
Section 844 of title 18, United States Code, is amended by
adding at the end the following:
``(n) Except as otherwise provided in this section, a person
who conspires to commit any offense defined in this chapter
shall be subject to the same penalties (other than the penalty
of death) as those prescribed for the offense the commission of
which was the object of the conspiracy.''.
SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM
OFFENSES.
(a) Title 18 Offenses.--
(1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A),
115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of
title 18, United States Code, are each amended by
inserting ``or conspires'' after ``attempts''.
(2) Section 115(b)(2) of title 18, United States
Code, is amended by striking ``or attempted
kidnapping'' both places it appears and inserting ``,
attempted kidnapping, or conspiracy to kidnap''.
(3)(A) Section 115(b)(3) of title 18, United States
Code, is amended by striking ``or attempted murder''
and inserting ``, attempted murder, or conspiracy to
murder''.
(B) Section 115(b)(3) of title 18, United States
Code, is amended by striking ``and 1113'' and inserting
``, 1113, and 1117''.
(4) Section 175(a) of title 18, United States Code,
is amended by inserting ``or conspires to do so,''
after ``any organization to do so,''.
(b) Aircraft Piracy.--
(1) Section 46502(a)(2) of title 49, United States
Code, is amended by inserting ``or conspiring'' after
``attempting''.
(2) Section 46502(b)(1) of title 49, United States
Code, is amended by inserting ``or conspiring to
commit'' after ``committing''.
SEC. 204. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL
KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF
VIOLENCE.
Section 844 of title 18, United States Code, is amended by
adding at the end the following:
``(o) Whoever knowingly transfers any explosive materials,
knowing that such explosive materials will be used to commit a
crime of violence (as defined in section 924(c)(3) of this
title) or drug trafficking crime (as defined in section
924(c)(2) of this title) shall be subject to the same penalties
as may be imposed under subsection (h) for a first conviction
for the use or carrying of the explosive materials.''.
TITLE III--INVESTIGATIVE TOOLS
SEC. 301. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF EXPLOSIVES
AND EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE
COMPONENTS INERT, AND IMPOSING CONTROLS OF
PRECURSORS OF EXPLOSIVES.
(a) Study.--The Secretary of the Treasury, in consultation
with other Federal, State and local officials with expertise in
this area and such other individuals as the Secretary of the
Treasury deems appropriate, shall conduct a study concerning--
(1) the tagging of explosive materials for purposes
of detection and identification;
(2) technology for devices to improve the detection
of explosives materials;
(3) whether common chemicals used to manufacture
explosive materials can be rendered inert and whether
it is feasible to require it; and
(4) whether controls can be imposed on certain
precursor chemicals used to manufacture explosive
materials and whether it is feasible to require it.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Congress a report that contains the results of the study
required by this section. The Secretary shall make the report
available to the public.
(c) Limitation.--The study under this section shall not
include black powder or smokeless powder among the explosive
materials it concerns.
SEC. 302. REQUIREMENT TO PRESERVE RECORD EVIDENCE.
Section 2703 of title 18, United States Code, is amended by
adding at the end the following:
``(f) Requirement To Preserve Evidence.--A provider of wire
or electronic communication services or a remote computing
service, upon the request of a governmental entity, shall take
all necessary steps to preserve records, and other evidence in
its possession pending the issuance of a court order or other
process. Such records shall be retained for a period of 90
days, which period shall be extended for an additional 90-day
period upon a renewed request by the governmental entity.''.
SEC. 303. DETENTION HEARING.
Section 3142(f) of title 18, United States Code, is amended
by inserting ``(not including any intermediate Saturday,
Sunday, or legal holiday)'' after ``five days'' and after
``three days''.
SEC. 304. REWARD AUTHORITY OF THE ATTORNEY GENERAL.
(a) In General.--Title 18, United States Code, is amended by
striking sections 3059 through 3059A and inserting the
following:
``Sec. 3059. Reward authority of the Attorney General
``(a) The Attorney General may pay rewards and receive from
any department or agency, funds for the payment of rewards
under this section, to any individual who provides any
information unknown to the Government leading to the arrest or
prosecution of any individual for Federal felony offenses.
``(b) If the reward exceeds $100,000, the Attorney General
shall give notice of that fact to the Senate and the House of
Representatives not later than 30 days before authorizing the
payment of the reward.
``(c) A determination made by the Attorney General as to
whether to authorize an award under this section and as to the
amount of any reward authorized shall not be subject to
judicial review.
``(d) If the Attorney General determines that the identity of
the recipient of a reward or of the members of the recipient's
immediate family must be protected, the Attorney General may
take such measures in connection with the payment of the reward
as the Attorney General deems necessary to effect such
protection.
``(e) No officer or employee of any governmental entity may
receive a reward under this section for conduct in performance
of his or her official duties.
``(f) Any individual (and the immediate family of such
individual) who furnishes information which would justify a
reward under this section or a reward by the Secretary of State
under section 36 of the State Department Basic Authorities Act
of 1956 may, in the discretion of the Attorney General,
participate in the Attorney General's witness security program
under chapter 224 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 203 of title 18, United States Code, is
amended by striking the items relating to section 3059 and
3059A and inserting the following new item:
``3059. Reward authority of the Attorney General.''.
(c) Conforming Amendment.--Section 1751 of title 18, United
States Code, is amended by striking subsection (g).
SEC. 305. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF
COLUMBIA.
The Attorney General is authorized--
(1) to prohibit vehicles from parking or standing on
any street or roadway adjacent to any building in the
District of Columbia which is in whole or in part
owned, possessed, used by, or leased to the Federal
Government and used by Federal law enforcement
authorities; and
(2) to prohibit any person or entity from conducting
business on any property immediately adjacent to any
such building.
SEC. 306. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE CONGRESS.
(a) Study.--The Attorney General of the United States shall
conduct a study of the extent of thefts from military arsenals
(including National Guard armories) of firearms, explosives,
and other materials that are potentially useful to terrorists.
(b) Report to the Congress.--Within 6 months after the date
of the enactment of this Act, the Attorney General shall submit
to the Congress a report on the study required by subsection
(a).
TITLE IV--NUCLEAR MATERIALS
SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.
Section 831 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``nuclear
material'' each place it appears and inserting
``nuclear material or nuclear byproduct material'';
(2) in subsection (a)(1)(A), by inserting ``or the
environment'' after ``property'';
(3) so that subsection (a)(1)(B) reads as follows:
``(B)(i) circumstances exist which are likely
to cause the death of or serious bodily injury
to any person or substantial damage to property
or the environment; or (ii) such circumstances
are represented to the defendant to exist;'';
(4) in subsection (a)(6), by inserting ``or the
environment'' after ``property'';
(5) so that subsection (c)(2) reads as follows:
``(2) an offender or a victim is a national of the
United States or a United States corporation or other
legal entity;'';
(6) in subsection (c)(3), by striking ``at the time
of the offense the nuclear material is in use, storage,
or transport, for peaceful purposes, and'';
(7) by striking ``or'' at the end of subsection
(c)(3);
(8) in subsection (c)(4), by striking ``nuclear
material for peaceful purposes'' and inserting
``nuclear material or nuclear byproduct material'';
(9) by striking the period at the end of subsection
(c)(4) and inserting ``; or'';
(10) by adding at the end of subsection (c) the
following:
``(5) the governmental entity under subsection (a)(5)
is the United States or the threat under subsection
(a)(6) is directed at the United States.'';
(11) in subsection (f)(1)(A), by striking ``with an
isotopic concentration not in excess of 80 percent
plutonium 238'';
(12) in subsection (f)(1)(C) by inserting ``enriched
uranium, defined as'' before ``uranium'';
(13) in subsection (f), by redesignating paragraphs
(2), (3), and (4) as paragraphs (3), (4), and (5),
respectively;
(14) by inserting after subsection (f)(1) the
following:
``(2) the term `nuclear byproduct material' means any
material containing any radioactive isotope created
through an irradiation process in the operation of a
nuclear reactor or accelerator;'';
(15) by striking ``and'' at the end of subsection
(f)(4), as redesignated;
(16) by striking the period at the end of subsection
(f)(5), as redesignated, and inserting a semicolon; and
(17) by adding at the end of subsection (f) the
following:
``(6) the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
and
``(7) the term `United States corporation or other
legal entity' means any corporation or other entity
organized under the laws of the United States or any
State, district, commonwealth, territory or possession
of the United States.''.
TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
SEC. 501. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by
adding at the end the following:
``(o) `Convention on the Marking of Plastic
Explosives' means the Convention on the Marking of
Plastic Explosives for the Purpose of Detection, Done
at Montreal on 1 March 1991.
``(p) `Detection agent' means any one of the
substances specified in this subsection when introduced
into a plastic explosive or formulated in such
explosive as a part of the manufacturing process in
such a manner as to achieve homogeneous distribution in
the finished explosive, including--
``(1) Ethylene glycol dinitrate (EGDN),
C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular
weight 152, when the minimum concentration in
the finished explosive is 0.2 percent by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular
weight 176, when the minimum concentration in
the finished explosive is 0.1 percent by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137,
when the minimum concentration in the finished
explosive is 0.5 percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137,
when the minimum concentration in the finished
explosive is 0.5 percent by mass; and
``(5) any other substance in the
concentration specified by the Secretary, after
consultation with the Secretary of State and
the Secretary of Defense, which has been added
to the table in part 2 of the Technical Annex
to the Convention on the Marking of Plastic
Explosives.
``(q) `Plastic explosive' means an explosive material
in flexible or elastic sheet form formulated with one
or more high explosives which in their pure form have a
vapor pressure less than 10<SUP>-4 Pa at a temperature
of 25+C., is formulated with a binder material, and is
as a mixture malleable or flexible at normal room
temperature.''.
SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by
adding at the end the following:
``(l) It shall be unlawful for any person to manufacture any
plastic explosive which does not contain a detection agent.
``(m)(1) it shall be unlawful for any person to import or
bring into the United States, or export from the United States,
any plastic explosive which does not contain a detection agent.
``(2) Until the 15-year period that begins with the date of
entry into force of the Convention on the Marking of Plastic
Explosives with respect to the United States has expired,
paragraph (1) shall not apply to the importation or bringing
into the United States, or the exportation from the United
States, of any plastic explosive which was imported, brought
into, or manufactured in the United States before the effective
date of this subsection by or on behalf of any agency of the
United States performing military or police functions
(including any military Reserve component) or by or on behalf
of the National Guard of any State.
``(n)(1) It shall be unlawful for any person to ship,
transport, transfer, receive, or possess any plastic explosive
which does not contain a detection agent.
``(2)(A) During the 3-year period that begins on the
effective date of this subsection, paragraph (1) shall not
apply to the shipment, transportation, transfer, receipt, or
possession of any plastic explosive, which was imported,
brought into, or manufactured in the United States before such
effective date by any person.
``(B) Until the 15-year period that begins on the date of
entry into force of the Convention on the Marking of Plastic
Explosives with respect to the United States has expired,
paragraph (1) shall not apply to the shipment, transportation,
transfer, receipt, or possession of any plastic explosive,
which was imported, brought into, or manufactured in the United
States before the effective date of this subsection by or on
behalf of any agency of the United States performing a military
or police function (including any military reserve component)
or by or on behalf of the National Guard of any State.
``(o) It shall be unlawful for any person, other than an
agency of the United States (including any military reserve
component) or the National Guard of any State, possessing any
plastic explosive on the effective date of this subsection, to
fail to report to the Secretary within 120 days after the
effective date of this subsection the quantity of such
explosives possessed, the manufacturer or importer, any marks
of identification on such explosives, and such other
information as the Secretary may by regulations prescribe.''.
SEC. 503. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended to
read as follows:
``(a) Any person who violates subsections (a) through (i) or
(l) through (o) of section 842 of this title shall be fined
under this title, imprisoned not more than 10 years, or
both.''.
SEC. 504. EXCEPTIONS.
Section 845 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``(l), (m), (n),
or (o) of section 842 and subsections'' after
``subsections'';
(2) in subsection (a)(1), by inserting ``and which
pertains to safety'' before the semicolon; and
(3) by adding at the end the following:
``(c) It is an affirmative defense against any proceeding
involving subsection (l), (m), (n), or (o) of section 842 of
this title if the proponent proves by a preponderance of the
evidence that the plastic explosive--
``(1) consisted of a small amount of plastic
explosive intended for and utilized solely in lawful--
``(A) research, development, or testing of
new or modified explosive materials;
``(B) training in explosives detection or
development or testing of explosives detection
equipment; or
``(C) forensic science purposes; or
``(2) was plastic explosive which, within 3 years
after the effective date of this paragraph, will be or
is incorporated in a military device within the
territory of the United States and remains an integral
part of such military device, or is intended to be, or
is incorporated in, and remains an integral part of a
military device that is intended to become, or has
become, the property of any agency of the United States
performing military or police functions (including any
military reserve component) or the National Guard of
any State, wherever such device is located. For
purposes of this subsection, the term `military device'
includes shells, bombs, projectiles, mines, missiles,
rockets, shaped charges, grenades, perforators, and
similar devices lawfully manufactured exclusively for
military or police purposes.''.
SEC. 505. EFFECTIVE DATE.
The amendments made by this title shall take effect 1 year
after the date of the enactment of this Act.
TITLE VI--REMOVAL PROCEDURES FOR ALIEN TERRORISTS
SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.
(a) In General.--The Immigration and Nationality Act is
amended--
(1) by adding at the end of the table of contents the
following:
``Title V--Special Removal Procedures for Alien Terrorists
``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Appeals.'';
and
(2) by adding at the end the following new title:
``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS
``definitions
``Sec. 501. In this title:
``(1) The term `alien terrorist' means an alien
described in section 241(a)(4)(B).
``(2) The term `classified information' has the
meaning given such term in section 1(a) of the
Classified Information Procedures Act (18 U.S.C. App.).
``(3) The term `national security' has the meaning
given such term in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App.).
``(4) The term `special removal court' means the
court established under section 502(a).
``(5) The term `special removal hearing' means a
hearing under section 505.
``(6) The term `special removal proceeding' means a
proceeding under this title.
``establishment of special removal court
``Sec. 502. (a) In General.--The Chief Justice of the United
States shall publicly designate 5 district court judges from 5
of the United States judicial circuits who shall constitute a
court which shall have jurisdiction to conduct all special
removal proceedings.
``(b) Terms.--Each judge designated under subsection (a)
shall serve for a term of 5 years and shall be eligible for
redesignation, except that the four associate judges first so
designated shall be designated for terms of one, two, three,
and four years so that the term of one judge shall expire each
year.
``(c) Chief Judge.--The Chief Justice shall publicly
designate one of the judges of the special removal court to be
the chief judge of the court. The chief judge shall promulgate
rules to facilitate the functioning of the court and shall be
responsible for assigning the consideration of cases to the
various judges.
``(d) Expeditious and Confidential Nature of Proceedings.--
The provisions of section 103(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to
proceedings under this title in the same manner as they apply
to proceedings under such Act.
``application for initiation of special removal proceeding
``Sec. 503. (a) In General.--Whenever the Attorney General
has classified information that an alien is an alien terrorist,
the Attorney General, in the Attorney General's discretion, may
seek removal of the alien under this title through the filing
with the special removal court of a written application
described in subsection (b) that seeks an order authorizing a
special removal proceeding under this title. The application
shall be submitted in camera and ex parte and shall be filed
under seal with the court.
``(b) Contents of Application.--Each application for a
special removal proceeding shall include all of the following:
``(1) The identity of the Department of Justice
attorney making the application.
``(2) The approval of the Attorney General or the
Deputy Attorney General for the filing of the
application based upon a finding by that individual
that the application satisfies the criteria and
requirements of this title.
``(3) The identity of the alien for whom
authorization for the special removal proceeding is
sought.
``(4) A statement of the facts and circumstances
relied on by the Department of Justice to establish
that--
``(A) the alien is an alien terrorist and is
physically present in the United States, and
``(B) with respect to such alien, adherence
to the provisions of title II regarding the
deportation of aliens would pose a risk to the
national security of the United States.
``(5) An oath or affirmation respecting each of the
facts and statements described in the previous
paragraphs.
``(c) Right To Dismiss.--The Department of Justice retains
the right to dismiss a removal action under this title at any
stage of the proceeding.
``consideration of application
``Sec. 504. (a) In General.--In the case of an application
under section 503 to the special removal court, a single judge
of the court shall be assigned to consider the application. The
judge, in accordance with the rules of the court, shall
consider the application and may consider other information,
including classified information, presented under oath or
affirmation. The judge shall consider the application (and any
hearing thereof) in camera and ex parte. A verbatim record
shall be maintained of any such hearing.
``(b) Approval of Order.--The judge shall enter ex parte the
order requested in the application if the judge finds, on the
basis of such application and such other information (if any),
that there is probable cause to believe that--
``(1) the alien who is the subject of the application
has been correctly identified and is an alien
terrorist, and
``(2) adherence to the provisions of title II
regarding the deportation of the identified alien would
pose a risk to the national security of the United
States.
``(c) Denial of Order.--If the judge denies the order
requested in the application, the judge shall prepare a written
statement of the judge's reasons for the denial.
``special removal hearings
``Sec. 505. (a) In General.--In any case in which the
application for the order is approved under section 504, a
special removal hearing shall be conducted under this section
for the purpose of determining whether the alien to whom the
order pertains should be removed from the United States on the
grounds that the alien is an alien terrorist. Consistent with
section 506, the alien shall be given reasonable notice of the
nature of the charges against the alien and a general account
of the basis for the charges. The alien shall be given notice,
reasonable under all the circumstances, of the time and place
at which the hearing will be held. The hearing shall be held as
expeditiously as possible.
``(b) Use of Same Judge.--The special removal hearing shall
be held before the same judge who granted the order pursuant to
section 504 unless that judge is deemed unavailable due to
illness or disability by the chief judge of the special removal
court, or has died, in which case the chief judge shall assign
another judge to conduct the special removal hearing. A
decision by the chief judge pursuant to the preceding sentence
shall not be subject to review by either the alien or the
Department of Justice.
``(c) Rights in Hearing.--
``(1) Public hearing.--The special removal hearing
shall be open to the public.
``(2) Right of counsel.--The alien shall have a right
to be present at such hearing and to be represented by
counsel. Any alien financially unable to obtain counsel
shall be entitled to have counsel assigned to represent
the alien. Such counsel shall be appointed by the judge
pursuant to the plan for furnishing representation for
any person financially unable to obtain adequate
representation for the district in which the hearing is
conducted, as provided for in section 3006A of title
18, United States Code. All provisions of that section
shall apply and, for purposes of determining the
maximum amount of compensation, the matter shall be
treated as if a felony was charged.
``(3) Introduction of evidence.--The alien shall have
a right to introduce evidence on the alien's own
behalf.
``(4) Examination of witnesses.--The alien shall have
a reasonable opportunity to examine the evidence
against the alien and to cross-examine any witness.
``(5) Record.--A verbatim record of the proceedings
and of all testimony and evidence offered or produced
at such a hearing shall be kept.
``(6) Decision based on evidence at hearing.--The
decision of the judge in the hearing shall be based
only on the evidence introduced at the hearing.
``(d) Subpoenas.--
``(1) Request.--At any time prior to the conclusion
of the special removal hearing, either the alien or the
Department of Justice may request the judge to issue a
subpoena for the presence of a named witness (which
subpoena may also command the person to whom it is
directed to produce books, papers, documents, or other
objects designated therein) upon a satisfactory showing
that the presence of the witness is necessary for the
determination of any material matter.
``(2) Payment for attendance.--If an application for
a subpoena by the alien also makes a showing that the
alien is financially unable to pay for the attendance
of a witness so requested, the court may order the
costs incurred by the process and the fees of the
witness so subpoenaed to be paid from funds
appropriated for the enforcement of title II.
``(3) Nationwide service.--A subpoena under this
subsection may be served anywhere in the United States.
``(4) Witness fees.--A witness subpoenaed under this
subsection shall receive the same fees and expenses as
a witness subpoenaed in connection with a civil
proceeding in a court of the United States.
``(e) Treatment of Classified Information.--The judge shall
examine in camera and ex parte any item of classified
information for which the Attorney General determines that
public disclosure would pose a risk to the national security of
the United States. With respect to such evidence, the Attorney
General shall also submit to the court a summary prepared in
accordance with subsection (f).
``(f) Summary of Classified Information.--
``(1) The information submitted under subsection (e)
shall contain a summary of the information that does
not pose a risk to the national security.
``(2) The judge shall approve the summary if the
judge finds that the summary will provide the alien
with substantially the same ability to make his defense
as would disclosure of the specific classified
information.
``(3) The Attorney General shall cause to be
delivered to the alien a copy of the summary approved
under paragraph (2).
``(g) Determination of Deportation.--If the judge determines
that the summary described in subsection (f) will provide the
alien with substantially the same ability to make his defense
as would the disclosure of the specific classified evidence, a
determination of deportation may be made on the basis of the
summary and any other evidence entered in the public record and
to which the alien has been given access. If the judge does not
approve the summary, a determination of deportation may be made
on the basis of any other evidence entered in the public record
and to which the alien has been given access. In either case,
such a determination will be made when the Attorney General
proves, by clear, convincing, and unequivocal evidence that the
alien is subject to deportation because such alien is an alien
as described in section 241(a)(4)(B).
``appeals
``Sec. 506. (a) Appeals by Alien.--The alien may appeal a
determination under section 505(f) or 505(g) to the United
States Court of Appeals for the circuit where the alien resides
by filing a notice of appeal with such court not later than 30
days after the determination is made.
``(b) Appeals by the United States.--The Attorney General may
appeal a determination made under section 504, or section
505(f) or 505(g) to the Court of Appeals for the circuit where
the alien resides, by filing a notice of appeal with such court
not later than 20 days after the determination is made under
any one of such subsections.
``(c) Transmittal of Classified Information.--When requested
by the Attorney General, the classified information in section
506(e) shall be transmitted to the court of appeals under
seal.''.
TITLE VII--AUTHORIZATION AND FUNDING
SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.
The Attorney General may award grants in consultation with
the Federal Emergency Management Agency for the purposes of
providing specialized training or equipment to enhance the
capability of metropolitan fire and emergency service
departments to respond to terrorist attacks. To carry out the
purposes of this section, there is authorized to be
appropriated $5,000,000 for fiscal year 1996.
SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE
DETECTION DEVICES AND OTHER COUNTER-TERRORISM
TECHNOLOGY.
There is authorized to be appropriated not to exceed
$10,000,000 for fiscal years 1996 and 1997 to the President to
provide assistance to foreign countries facing an imminent
danger of terrorist attack that threatens the national interest
of the United States or puts United States nationals at risk--
(1) in obtaining explosive detection devices and
other counter-terrorism technology; and
(2) in conducting research and development projects
on such technology.
SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTER-TERRORISM
TECHNOLOGIES.
There are authorized to be appropriated not to exceed
$10,000,000 to the National Institute of Justice Science and
Technology Office--
(1) to develop technologies that can be used to
combat terrorism, including technologies in the areas
of--
(A) detection of weapons, explosives,
chemicals, and persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) to develop standards to ensure the adequacy of
products produced and compatibility with relevant
national systems; and
(3) to identify and assess requirements for
technologies to assist State and local law enforcement
in the national program to combat terrorism.
TITLE VIII--MISCELLANEOUS
SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS FOR THE PURCHASE AND
USE OF HIGH EXPLOSIVES.
The Secretary of the Treasury, in consultation with the
Federal Bureau of Investigation, shall conduct a study of State
licensing requirements for the purchase and use of commercial
high explosives, including detonators, detonating cords,
dynamite, water gel, emulsion, blasting agents, and boosters.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall report to Congress the results of this
study, together with any recommendations the Secretary
determines are appropriate.
SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.
(a) Requiring Compensation for Terrorist Crimes.--Section
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(d)(3)) is amended--
(1) by inserting ``crimes involving terrorism,''
before ``driving while intoxicated''; and
(2) by inserting a comma after ``driving while
intoxicated''.
(b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603(b)(6)(B)) is amended by
inserting ``are outside the United States (if the compensable
crime is terrorism, as defined in section 2331 of title 18,
United States Code), or'' before ``are States not having''.
SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.
(a) Exception to Foreign Sovereign Immunity for Certain
Cases.--Section 1605 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of
paragraph (5);
(B) by striking the period at the end of
paragraph (6) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(7) not otherwise covered by paragraph (2), in
which money damages are sought against a foreign state
for personal injury or death that was caused by an act
of torture, extrajudicial killing, aircraft sabotage,
hostage taking, or the provision of material support or
resources (as defined in section 2339A of title 18) for
such an act if such act or provision of material
support is engaged in by an official, employee, or
agent of such foreign state while acting within the
scope of his or her office, employment, or agency,
except that--
``(A) an action under this paragraph shall
not be maintained unless the act upon which the
claim is based occurred while the individual
bringing the claim was a national of the United
States (as that term is defined in section
101(a)(22) of the Immigration and Nationality
Act); and
``(B) the court shall decline to hear a claim
under this paragraph if the foreign state
against whom the claim has been brought
establishes that procedures and remedies are
available in such state which comport with
fundamental fairness and due process.''; and
(2) by adding at the end the following new
subsection:
``(e) For purposes of paragraph (7) of subsection (a)--
``(1) the terms `torture' and `extrajudicial killing'
have the meaning given those terms in section 3 of the
Torture Victim Protection Act of 1991;
``(2) the term `hostage taking' has the meaning given
that term in Article 1 of the International Convention
Against the Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning
given that term in Article 1 of the Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28,
United States Code, is amended--
(A) by striking the period at the end of
paragraph (6) and inserting ``, or''; and
(B) by adding at the end the following new
paragraph:
``(7) the judgment relates to a claim for which the
foreign state is not immune under section 1605(a)(7),
regardless of whether the property is or was involved
with the act upon which the claim is based.''.
(2) Agency or instrumentality.--Section 1610(b)(2) of
such title is amended--
(A) by striking ``or (5)'' and inserting
``(5), or (7)''; and
(B) by striking ``used for the activity'' and
inserting ``involved in the act''.
(c) Applicability.--The amendments made by this title shall
apply to any cause of action arising before, on, or after the
date of the enactment of this Act.
SEC. 804. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF
GOVERNMENT EMPLOYEES.
(a) Findings.--Congress finds that--
(1) threats of violence and acts of violence are
mounting against Federal, State, and local government
employees and their families in attempts to stop public
servants from performing their lawful duties;
(2) these acts are a danger to our constitutional
form of government; and
(3) more information is needed as to the extent of
the danger and its nature so that steps can be taken to
protect public servants at all levels of government in
the performance of their duties.
(b) Statistics.--The Attorney General shall acquire data, for
the calendar year 1990 and each succeeding calendar year about
crimes and incidents of threats of violence and acts of
violence against Federal, State, and local government employees
in performance of their lawful duties. Such data shall
include--
(1) in the case of crimes against such employees, the
nature of the crime; and
(2) in the case of incidents of threats of violence
and acts of violence, including verbal and implicit
threats against such employees, whether or not
criminally punishable, which deter the employees from
the performance of their jobs.
(c) Guidelines.--The Attorney General shall establish
guidelines for the collection of such data, including what
constitutes sufficient evidence of noncriminal incidents
required to be reported.
(d) Annual Publishing.--The Attorney General shall publish an
annual summary of the data acquired under this section.
Otherwise such data shall be used only for research and
statistical purposes.
(e) Exemption.--The United States Secret Service is not
required to participate in any statistical reporting activity
under this section with respect to any direct or indirect
threats made against any individual for whom the United States
Secret Service is authorized to provide protection.
SEC. 805. VICTIM RESTITUTION ACT.
(a) Order of Restitution.--Section 3663 of title 18, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``may order, in
addition to or, in the case of a
misdemeanor, in lieu of any other
penalty authorized by law'' and
inserting ``shall order''; and
(ii) by adding at the end the
following: ``The requirement of this
paragraph does not affect the power of
the court to impose any other penalty
authorized by law. In the case of a
misdemeanor, the court may impose
restitution in lieu of any other
penalty authorized by law.'';
(B) by adding at the end the following:
``(4) In addition to ordering restitution to the victim of
the offense of which a defendant is convicted, a court may
order restitution to any person who, as shown by a
preponderance of evidence, was harmed physically, emotionally,
or pecuniarily, by unlawful conduct of the defendant during--
``(A) the criminal episode during which the offense
occurred; or
``(B) the course of a scheme, conspiracy, or pattern
of unlawful activity related to the offense.'';
(2) in subsection (b)(1)(B) by striking
``impractical'' and inserting ``impracticable'';
(3) in subsection (b)(2) by inserting ``emotional
or'' after ``resulting in'';
(4) in subsection (b)--
(A) by striking ``and'' at the end of
paragraph (4);
(B) by redesignating paragraph (5) as
paragraph (6); and
(C) by inserting after paragraph (4) the
following new paragraph:
``(5) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses related to participation in the
investigation or prosecution of the offense or
attendance at proceedings related to the offense;
and'';
(5) in subsection (c) by striking ``If the court
decides to order restitution under this section, the''
and inserting ``The'';
(6) by striking subsections (d), (e), (f), (g), and
(h);
(7) by redesignating subsection (i) as subsection
(m); and
(8) by inserting after subsection (c) the following:
``(d)(1) The court shall order restitution to a victim in the
full amount of the victim's losses as determined by the court
and without consideration of--
``(A) the economic circumstances of the offender; or
``(B) the fact that a victim has received or is
entitled to receive compensation with respect to a loss
from insurance or any other source.
``(2) Upon determination of the amount of restitution owed to
each victim, the court shall specify in the restitution order
the manner in which and the schedule according to which the
restitution is to be paid, in consideration of--
``(A) the financial resources and other assets of the
offender;
``(B) projected earnings and other income of the
offender; and
``(C) any financial obligations of the offender,
including obligations to dependents.
``(3) A restitution order may direct the offender to make a
single, lump-sum payment, partial payment at specified
intervals, or such in-kind payments as may be agreeable to the
victim and the offender. A restitution order shall direct the
offender to give appropriate notice to victims and other
persons in cases where there are multiple victims or other
persons who may receive restitution, and where the identity of
such victims and other persons can be reasonably determined.
``(4) An in-kind payment described in paragraph (3) may be in
the form of--
``(A) return of property;
``(B) replacement of property; or
``(C) services rendered to the victim or to a person
or organization other than the victim.
``(e) When the court finds that more than 1 offender has
contributed to the loss of a victim, the court may make each
offender liable for payment of the full amount of restitution
or may apportion liability among the offenders to reflect the
level of contribution and economic circumstances of each
offender.
``(f) When the court finds that more than 1 victim has
sustained a loss requiring restitution by an offender, the
court shall order full restitution to each victim but may
provide for different payment schedules to reflect the economic
circumstances of each victim.
``(g)(1) If the victim has received or is entitled to receive
compensation with respect to a loss from insurance or any other
source, the court shall order that restitution be paid to the
person who provided or is obligated to provide the
compensation, but the restitution order shall provide that all
restitution to victims required by the order be paid to the
victims before any restitution is paid to such a provider of
compensation.
``(2) The issuance of a restitution order shall not affect
the entitlement of a victim to receive compensation with
respect to a loss from insurance or any other source until the
payments actually received by the victim under the restitution
order fully compensate the victim for the loss, at which time a
person that has provided compensation to the victim shall be
entitled to receive any payments remaining to be paid under the
restitution order.
``(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later recovered
as compensatory damages by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent
provided by the law of the State.
``(h) A restitution order shall provide that--
``(1) all fines, penalties, costs, restitution
payments and other forms of transfers of money or
property made pursuant to the sentence of the court
shall be made by the offender to an entity designated
by the Director of the Administrative Office of the
United States Courts for accounting and payment by the
entity in accordance with this subsection;
``(2) the entity designated by the Director of the
Administrative Office of the United States Courts
shall--
``(A) log all transfers in a manner that
tracks the offender's obligations and the
current status in meeting those obligations,
unless, after efforts have been made to enforce
the restitution order and it appears that
compliance cannot be obtained, the court
determines that continued recordkeeping under
this subparagraph would not be useful; and
``(B) notify the court and the interested
parties when an offender is 30 days in arrears
in meeting those obligations; and
``(3) the offender shall advise the entity designated
by the Director of the Administrative Office of the
United States Courts of any change in the offender's
address during the term of the restitution order.
``(i) A restitution order shall constitute a lien against all
property of the offender and may be recorded in any Federal or
State office for the recording of liens against real or
personal property.
``(j) Compliance with the schedule of payment and other terms
of a restitution order shall be a condition of any probation,
parole, or other form of release of an offender. If a defendant
fails to comply with a restitution order, the court may revoke
probation or a term of supervised release, modify the term or
conditions of probation or a term of supervised release, hold
the defendant in contempt of court, enter a restraining order
or injunction, order the sale of property of the defendant,
accept a performance bond, or take any other action necessary
to obtain compliance with the restitution order. In determining
what action to take, the court shall consider the defendant's
employment status, earning ability, financial resources, the
willfulness in failing to comply with the restitution order,
and any other circumstances that may have a bearing on the
defendant's ability to comply with the restitution order.
``(k) An order of restitution may be enforced--
``(1) by the United States--
``(A) in the manner provided for the
collection and payment of fines in subchapter B
of chapter 229 of this title; or
``(B) in the same manner as a judgment in a
civil action; and
``(2) by a victim named in the order to receive the
restitution, in the same manner as a judgment in a
civil action.
``(l) A victim or the offender may petition the court at any
time to modify a restitution order as appropriate in view of a
change in the economic circumstances of the offender.''.
(b) Procedure for Issuing Order of Restitution.--Section 3664
of title 18, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), and
(e) as subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated by
paragraph (2), to read as follows:
``(a) The court may order the probation service of the court
to obtain information pertaining to the amount of loss
sustained by any victim as a result of the offense, the
financial resources of the defendant, the financial needs and
earning ability of the defendant and the defendant's
dependents, and such other factors as the court deems
appropriate. The probation service of the court shall include
the information collected in the report of presentence
investigation or in a separate report, as the court directs.'';
and
(4) by adding at the end thereof the following new
subsection:
``(e) The court may refer any issue arising in connection
with a proposed order of restitution to a magistrate or special
master for proposed findings of fact and recommendations as to
disposition, subject to a de novo determination of the issue by
the court.''.
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